Access to storage of natural gas:
Pursuant to Article 33 of Directive (EU) 2024/1788 of the European Parliament and of the Council of 13 June 2024 for the organisation of access to natural gas storage facilities and linepack where technically or economically necessary for providing efficient access to the system for the supply of customers, as well as for the organisation of access to ancillary services, Member States may choose either or both of the negotiated or regilated procedures. Those procedures shall operate in accordance with objective, transparent and non-discriminatory criteria. When choosing the procedure for access to storage of natural gas, Member States shall take into account the results of the common and national risk assessments. The regulatory authorities shall establish and publish criteria in accordance with which the access regime applicable to natural gas storage facilities and linepack is to be determined. They shall make public, or oblige natural gas storage system operators and transmission system operators to make public, which natural gas storage facilities, or which parts of those natural gas storage facilities, and which linepack is offered under the negotiated or regulated access.
In the case of negotiated access, the regulatory
authorities shall take the necessary measures for undertakings and eligible
customers either inside or outside the territory covered by the interconnected
system to be able to negotiate access to natural gas storage facilities and
linepack, when technically or economically necessary for providing efficient
access to the system, as well as for the organisation of access to other
ancillary services. The parties shall be obliged to negotiate access to storage,
linepack and other ancillary services in good faith. Contracts for access to
storage, linepack and other ancillary services shall be negotiated with the
relevant natural gas storage system operator. The regulatory authorities shall
require natural gas storage system operators and natural gas undertakings to
publish their main commercial conditions for the use of storage, linepack and
other ancillary services on an annual basis. When developing those conditions,
natural gas storage system operators shall consult system users.
In the case of regulated access, the regulatory
authorities shall take the necessary measures to give natural gas undertakings
and eligible customers either inside or outside the territory covered by the
interconnected system a right to access to storage, linepack and other
ancillary services, on the basis of published tariffs or other terms and
obligations for use of that storage and linepack, when technically or
economically necessary for providing efficient access to the system, as well as
for the organisation of access to other ancillary services. The regulatory
authorities shall consult system users when developing those tariffs or the
methodologies for those tariffs. The right of access for eligible customers may
be given by enabling them to enter into supply contracts with competing
undertakings other than the owner or operator of the system or a related
undertaking.
